LOUISIANA SUPREME COURT REPORTS
A monthly digest of current Louisiana Supreme Court opinions Showing results 2700 through 2712
Archive of LSCR Articles

Showing entire archive, newest articles first. Articles date back to September 2001.
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CRIMINAL

1."Partial guilty plea" article constitutional in capital case; death sentence affirmed.
State v. Louviere, 00-K-2085 (La. 9/4/02) [36 pp.]
From LSCR Volume 10, Issue 9
Defendant was convicted of first-degree murder and sentenced to death. Defendant, a sheriff's deputy, went on a criminal rampage, pulling over a motorist and raping her, then proceeding to the bank w... view full summary
2.Admonishment of the jury obviates mistrial in the absence of clear prejudice.
State v. Ducre, 01-K-2778 (La. 9/13/02) [2 pp.]
From LSCR Volume 10, Issue 9
Defendant was convicted of distribution of cocaine. During trial, the arresting officer referred to the cocaine in defendant's possession as a "distribution amount." Defendant objected and moved for ... view full summary
3.Notes from defendant's psychiatric evaluation not discoverable by the state.
State v. Antoinette Frank, 01-KP-2055 (La. 8/30/02) [1 p.]
From LSCR Volume 10, Issue 9
The state sought production of notes from a psychiatric evaluation of defendant, and the district court granted relief.
          The Court grant... view full summary
4.Random reallotment article retroactive.
State v. Washington, 02-KK-2196 (La. 9/13/02) [3 pp.]
From LSCR Volume 10, Issue 9
Felony defendant moved to recuse the district judge presiding over his case, Judge Louis Daniel. The motion was allotted to a different judge of the court, Bonnie Jackson, who granted the motion, rec... view full summary
5.Officer allowed to testify as to defendant's outstanding warrants.
State v. Nathaniel Payton, 02-KK-2254 (La. 9/4/02) [1 p.]
From LSCR Volume 10, Issue 9
On writ of certiorari: "Testimony of the police officers concerning the existence of outstanding attachments for defendant's arrest is admissible because it explains why the police conducted a second... view full summary
STATE AND LOCAL GOVERNMENT

6.District judge removed from office.
In Re: Judge Sharon K. Hunter, 2002-O-1975 (La. 8/19/02), reh. den. [29 pp.]
From LSCR Volume 10, Issue 8
District judge removed from office. ','YES','In Re: Judge Sharon K. Hunter, 2002-O-1975 (La. 8/19/02), reh. den. [29 pp.]',' The Judiciary Commission of Louisiana conducted a hearing and determined th... view full summary
CIVIL PROCEDURE

7.Uniform Local Rules enacted.
Enactment of Rules for Louisiana District Courts, effective March, 2002.
From LSCR Volume 10, Issue 8
The Court enacted uniform local rules, along with a uniform numbering system for family courts. The new rules govern all aspects of district court procedure, including but not limited to office hours... view full summary
BAR / DISCIPLINARY / ETHICS

8.Unauthorized practice of law defined.
Amendment to La. Rule Prof. Cond. 5.5, effective July 1, 2002.
From LSCR Volume 10, Issue 8
The Court amended Rule 5.5 of the Rules of Professional Conduct to include in the definition of the unauthorized practice of law a lawyer's engaging as a consultant or contractor in connection with th... view full summary
TORTS

9.Dismissal of prior suit on venue grounds does not support malicious prosecution claim.
Ronald J. Savoie v. Richard L. Rubin, et al., 01-CC-3275 c/w 01-CC-3276 [5 pp.]
From LSCR Volume 10, Issue 7
Dr. Richard Rubin filed suit against attorney Savoie in Orleans Parish (Rubin I), then filed a similar suit in Jefferson Parish (Rubin II). Savoie excepted to Rubin I on venue grounds, and the except... view full summary
10.Indemnification allowed for indemnitee's own negligence.
Yolanda Berry, et al. v. Orleans Parish School Board, et al., 01-CC-3283 (La. 6/21/02) [7 pp.]
From LSCR Volume 10, Issue 7
Plaintiffs filed separate lawsuits on behalf of their minor children against the Lighthouse for the Blind and Orleans Parish School Board ("OPSB"), alleging that their children were sexually molested... view full summary
11.Directed verdict proper in grocery store slip-and-fall.
Walter W. Moore v. Brookshire Grocery Company, Inc., 02-C-0525 (La. 6/21/02) [1 p.]
From LSCR Volume 10, Issue 7
"Writ granted. The trial court did not err in granting defendant's motion for directed verdict. No reasonable person could conclude from this testimony presented by plaintiff that the grapes were on ... view full summary
CIVIL PROCEDURE

12.Crime of violence" prescription construed.
Ysonde Boland v. John D. Kleinpeter, et al., 01-C-3287 (La. 6/21/02) [8 pp.]
From LSCR Volume 10, Issue 7
Plaintiffs' mother had a pistol stolen from her house by a neighbor, Kleinpeter. Kleinpeter showed the pistol to a friend, Lauren Futrell, and discussed how "weird" it would be to shoot someone. Klei... view full summary
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